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Court opinion issued Feb. 20, 2023

State of Georgia v. DOJ (D.D.C.) -- holding that: (1) DOJ failed to establish that communications exchanged with private parties concerning joint election-related lawsuits against plaintiff qualified as “intra-agency” communications under the consultant corollary exception to Exemption 5; and (2) even if disputed communications were considered “intra-agency,” DOJ could not rely on the deliberative process and attorney work-product privileges because it failed to show that it had “sufficiently similar legal interest with of the private litigation groups” to invoke the common interest doctrine.

Summaries of all published opinions issued since April 2015 are available here.